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(영문) 수원지방법원 안산지원 2016.09.06 2016고단2643
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B concrete mixed truck construction machinery.

Around 14:00 on May 28, 2016, the Defendant driven the above vehicle and proceeded to turn to the left at the above three-way intersection, while driving the two-lane road in front of the three-lane distance from the Jinsan-si, Ansan-si, Seoul Special Metropolitan City, by two-lanes, in the direction of the Do private distance.

Since there was an intersection where a signal has been installed, the driver who intends to make a left-hand turn had a duty of care to prevent an accident by safely proceeding the left-hand turn in accordance with the left-hand turn signal after reducing the speed and changing the vehicle into one lane.

Nevertheless, the Defendant neglected this and tried to turn to the left on the left at the left side of the above vehicle due to negligence, which led to the victim C(30 years of age) who followed the signal at the left side of the above vehicle, received the front part of the DW125 Orala, which was driven by the victim C(30 years of age).

Ultimately, the Defendant suffered from the loss of deprivation of her right by occupational negligence, which requires 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. The actual survey report and the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The probationary sentencing of Article 62(1) of the Criminal Act does not include any minor violation of the duty of care in sentencing, but is limited to the degree of injury of the victim, taking into account the fact that the victim has agreed with the victim, and the conditions of all kinds of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, environment and circumstances before and after the instant crime, shall be determined within the scope of the recommendation type of sentencing guidelines ( January-8).

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